94-1018_CC_Minutes_Regular Meetingu
OCTOBER 18, 1994
REGULAR MEETING OF THE CITY COUNCII,
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Campbell at 7:04 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Robert Schwenck of the Community
Presbyterian Church,
ROLL CALL: PRESENT: Collett Campbell, Mayor
Gil Jones, Council Member
Jeff Vasquez, Council Member
ABSENT: Gary L. Hausdorfer, Council Member
Carolyn Nash, Council Member
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney;
Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Director of Administrative Services; William M.
Huber, Director of Engineering and Building Services; Dick Bobertz, Planning Manager; AI King,
Jr., Director of Community Services; Sgt. Mike Tynes, Police Services; Nancy Bernardi, Recording
Secretary.
It was moved by Council Member Jones, seconded by Council Member Vasquez, and unanimously
carried that all Ordinances be read by title only.
Mayor Campbell introduced the following Commission representatives in attendance: John Greiner
(Planning Commission), David Swerdlin (Mobile Home Park Review Committee), Lee Buser
(Cultural Heritage Commission), and Bill Sonka and Mike Rosenberger (Transportation
Commission).
Mayor Campbell introduced Cheryl Johnson, City Clerk, and AI King, Jr., Director of
Community Services, and described their duties and accomplishments.
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10/18/94
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476
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Al Simmons, 32302 Alipaz Street, Space 135, President of the San Juan Capistrano Seniors
Club, encouraged public attendance at the Hoedown scheduled for Saturday, October 22,
1994, from 1:00 to 6:00 p.m. at Descanso Park. He expressed appreciation to the City
Council and staff for their support of the event.
T FOR CROSSWALK/CROSSING GUARD (590.70
Rita Skora, 31942 Paseo De Elena, and Deborah Newland, 31956 Paseo De Elena, noted
their letter addressed to the City Council requesting consideration to install a crosswalk,
flashing light, and crossing guard at the west driveway at the Capistrano Valley Christian
School on Del Obispo Street because of safety concerns with school children. Mayor
Campbell confirmed that the Council had received and read the letter and recommended that
the women meet with the City Manager to discuss a resolution to this matter.
Lynn Dague, 31262 Calle San Juan, inquired about the effective date of the vending ordinance
and whether vending out of personal vehicles had been addressed. Mr. Denhalter advised,that
the Ordinance would become effective 30 days after its adoption, scheduled later on the
agenda. He indicated that the issue of vending out of personal vehicles was addressed in the
Ordinance and agreed to meet with Mr. Dague to discuss the matter.
SAN JUAN INSTITUTE (600,20)
Michael Berns stated that he was a former San Juan Capistrano resident and currently serves
on the Board of the San Juan Capistrano Research Institute. He spoke regarding the value
and integrity of the Institute and its benefits to the community, education, and the nation.
Nannette Toland, 28882 Via Leona, expressed appreciation to the City for writing a letter to
the County on behalf of homeowners who have been impacted by noise and odors from the
greenwaste operation on La Pata.
Daniel Poppa, 26552 Calle Santa Barbara, noted that several severe accidents have occurred
at the intersection of Camino Capistrano and Oso Road from motorists traveling northbound
on Camino Capistrano waiting to tum left onto Oso Road, and requested that the City reduce
City Council Minutes -2- 10/18/94
CIA
the hazard in some way. Mayor Campbell suggested that Mr. Poppa meet with the City
Manager to work out a solution to the problem.
CONSENT CALENDAR
It was moved by Council Member Jones, seconded by Council Member Vasquez, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Council Members Jones, Vasquez, and Mayor Campbell
NOES: None
ABSENT: Council Members Hausdorfer and Nash
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The Minutes of the Regular Meeting of September 20, 1994, were approved as submitted.
2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES -
REGULAR MEETING OF M u1: 1 1994
The Minutes of the Regular Meeting of September 20, 1994, were approved as submitted.
3. UCEIVE AND FILE WARRANTS OF SEPTEMBER 28.1994 (300,30)
The List of Demands dated September 30, 1994, in the total amount of $674,611.99 were
received and filed.
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The Report dated October 18, 1994, from the Planning Director, advising that no new
development applications were received by the City since the last report of September 20,
1994, was received and filed.
As set forth in the Report dated October 18, 1993, from the Director of Planning, the
following Resolution was adopted approving the conceptual improvements to the northbound
on-ramp to Interstate 5 at Ortega Highway:
City Council Minutes -3- 10/18/94
RESOLUTION NO. 94-10-18-1. APPROVAL OF CONCEPTUAL
IMPROVEMENT PLANS - ORTEGA HIGHWAY/I-5 NORTHBOUND
ON-RAMP. CAPITAL IMPROVEMENT PROJECT 144 - A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING CONCEPTUAL
IMPROVEMENT PLANS TO THE ORTEGA HIGHWAY/I-5
NORTHBOUND ON-RAMP TO INCREASE THE NORTHWEST CURB
RETURN FROM ONE FOOT TO THIRTY-FIVE FEET
As set forth in the Report dated October 18, 1993, from Douglas Dumhart, Management
Assistant, the following Resolution was adopted authorizing Franciscan Plaza to place a street
banner at the intersection of Del Obispo Street and Camino Capistrano announcing the arrival
of Santa Claus by Amtrak train on November 25, 1994:
ARRIVAL OF SANTA CLAUS - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING THE PLACEMENT OF STREET BANNER WITHIN
THE PUBLIC RIGHT-OF-WAY FOR FRANCISCAN PLAZA SUBJECT
TO THE PROVISIONS OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE SECTION 9-3.603(f)(15)
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The portion of this item relating to the design of drainage improvements on River Street west of Los
Rios Street was removed from the Consent Calendar due to the abstention of Council Members Jones
and Vasquez on this portion of the Agreement. The Council Members abstained due to the proximity
of the project to their businesses/residences.
Written Communications:
Report dated October 18, 1994, from the Director of Engineering and Building, forwarding
a Consultant Services Agreement with Centennial Engineering in an amount not to exceed
$17,188.22, for the period ending March 31, 1995, for the design of drainage improvements
at: 1) Camino Capistrano south of Junipero Serra Road; 2) Camino Del Avion at Alipaz
Street; 3) Spring Street; and, 4) River Street west of Los Rios Street.
Approval of Three Drainage Projects:
Three of the drainage projects contained in the agreement with Centennial Engineering for
design of the drainage improvements at: Camino Capistrano south of Junipero Serra Road;
City Council Minutes
-4- 10/18/94
479
Camino Del Avion at Alipaz Street; and, Spring Street, were approved as part of the Consent
' Calendar.
Rescheduling of Drainage Project:
The fourth drainage project contained in the Agreement, design of drainage improvements
on River Street west of Los Rios Street, will be returned November 1, 1994, for consideration
by a full Council.
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Proposal:
Consideration of a request by Concorde Development to revise previously approved
conditions relating to soil subsidence for Vesting Tentative Tract Map 14398, an 87 -lot
subdivision located at the northerly terminus of Camino Las Ramblas. The applicant
proposed reducing the soil subsidence insurance amount from $1 million per lot to $1 million
total, reducing the term from twenty years to one year, and using an out-of-state insurance
carrier rather than a California carrier.
' Applicant:
Concorde Development
19752 MacArthur Blvd., Suite 240
Irvine, CA 92715
Written Communication:
Report dated October 18, 1994, from the Planner Director, recommending that the hearing
be continued to allow the completion of a construction -level geotechnical analysis to
determine the amount of risk of grading operations associated with subdivision improvements
to the five existing homes located in Connemara. The results of this analysis would be
evaluated by an independent City consultant and would determine the amount of surety.
Mr. Tomlinson indicated that once the geological analysis was completed, the hearing would
be re-agendized for Council consideration.
Continuation of Public Hearin¢:
Notice having been given as required by law, Mayor Campbell opened the Public Hearing.
There being no response, it was moved by Council Member Jones, seconded by Council
Member Vasquez, and unanimously carried to reschedule the public hearing upon completion
of the geotechnical analysis.
City Council Minutes -5- 10/18/94
M1
Proposal:�
Consideration of an agreement between the City and Times Mirror Cable Television of
Orange County, Inc. (Dimension Cable) to extend the existing franchise for a five-year period,
subject to certain terms and conditions; and a draft Ordinance to regulate all cable operation
in the City. The report advised that only Times Mirror Cable Television had expressed an
interest in the City's cable television franchise.
Written Communication:
Report dated October 18, 1994, from the Director of Administrative Services, recommending
that the request for a five-year extension of the existing franchise agreement with Dimension
Cable be approved, and that the draft Ordinance regulating all cable operations in the City be
introduced. The Report noted that upon execution of the Agreement, Times Mirror Cable
is required to pay $167,214 to the City as a Settlement Payment for disputed and past -due
franchise fees.
Mary Laub, Management Assistant, made an oral presentation, noting the following terms
that will modify the existing Franchise: (1) within the first 6 months of the agreement Times
Mirror will upgrade its cable system; (2) within 1 year, cable service is to be extended to
specified commercial areas in the downtown not currently served; (3) within 6 months cable
service is to be extended to specified residential areas; (4) a Public Educational and
Governmental Access grant will be provided to the City; (5) franchise fees will be set at 5%
of gross annual revenue; (6) within 6 months cable service is to be extended to the City Hall
complex, without charge; and, (7) on or before the effective date of the Agreement Times
Mirror will pay the City $167,214 constituting satisfaction of a prior good faith disagreement.
She noted that minor language revisions regarding pedestals would be incorporated into the
final draft of the Ordinance for the second reading.
Bill Marticorena, attorney from Rutan & Tucker representing the City in this matter, stated
that Times Mirror indicated that the Settlement Payment would be made to the City upon
execution of the Agreement. He noted that the current franchise expired within 2 days.
Council Member Vasquez inquired whether the City could regulate, restrict, or censor certain
programming offered by Dimension Cable and expressed concern that a channel such as the
Spice Channel could inadvertently be viewed by children without parental knowledge.
Mr. Marticorena indicated that under the First Amendment and the Cable Act programming
composition could not be regulated; that censorship ability is limited to programming that is
obscene. He recommended that since "scrambling" of the channel is often not completely
effective, the City could consider an ordinance provision requiring Dimension Cable to
provide a "fail-safe" method of scrambling channels not purchased by customers. Council
Member Vasquez felt that the City should insist on the "fail-safe" provision. Council Member
Jones concurred, stating that the definition of "obscene" is very broad and that the City was
obligated to pursue some method able to protect innocent viewers.
City Council Minutes
52
10/18/94
481
Council Discussion:
' The Council discussed whether to add language to the proposed Franchise Agreement and/or
amend the draft Ordinance at this time that would provide a "fail-safe" method in scrambling
channels not purchased by customers. Mr. Denhalter felt that the proposed City Ordinance
would be the proper vehicle to address this technical issue and modifications could be
included for the second reading of the Ordinance.
Motion to Approve Franchise with Amendment Withdrawn:
It was moved by Council Member Vasquez, seconded by Council Member Jones, that the
Agreement between the City and Times Mirror Cable Television be approved extending the
existing franchise contract for a five-year period, subject to a fail-safe protection method
being devised against the Spice Channel for incorporation into the final reading of the
Ordinance
Mr. Marticorena noted there were two separate documents for Council consideration and
stated it was not essential the ordinance be approved at this time. The ordinance was the
appropriate document to deal with this issue, since it was not necessary to negotiate this issue
with Dimension Cable, and resolution of the issue may not occur within the time remaining
in the current franchise. The Franchise Extension Agreement presented for consideration
contained the terms negotiated to date and had been approved by Dimension Cable. If that
document is to be amended, it should be returned for further negotiation.
' In response to Mayor Cambpell, the City Attorney recommended that the Franchise
Agreement be adopted at this time and that the Ordinance be modified to address the
Council's concerns and brought back for a first reading at a later meeting. He felt it would
be unfair to Dimension Cable to approve an additional provision in the contract without their
prior review; that the City had the unilateral right to exert control through the Ordinance. It
would require two votes to enter into the agreement and three to pass the Ordinance.
Motion to Extend Franchise Withdrawn:
Council Member Vasquez withdrew his motion and moved that the existing contract with
Dimension Cable be extended for a period of thirty days so that both the Franchise Agreement
and the Ordinance could be modified and brought back at the next meeting. Discussion
ensued regarding whether the technical issues could be addressed within 30 days. The motion
was subsequently withdrawn.
Approval of Franchise Agreement with Dimension Cable:
It was moved by Council Member Vasquez, seconded by Council Member Jones, and
unanimously carried the Agreement between the City and Times Mirror Cable Television be
approved extending the existing franchise contract for a five-year period. Staff was directed
to modify the Ordinance to include a provision for a "fail-safe" method in scrambling channels
not purchased by customers, to be brought back for a first and second reading, subject to the
approval of the City Attorney.
City Council Minutes -7- 10/18/94
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Proposal:
Consideration of 1) a General Plan Amendment to amend the General Plan Land Use Map
to delete the "5.3 partial development option" and designate the western area of Kinoshita
Farm as "2.3P, proposed community park," and amending the text of the Land Use Element
to reflect revisions in the Land Use Map; 2) a Rezone to revise the purpose and intent
statement of the Specific Plan to recognize the combined uses of sports park and agriculture;
3) Capital Improvement Project 94-452 for the construction of the majority of the entire
sports park, including design of the lighting for ball fields and the School District's plans for
a new elementary school; and, 4) a Conditional Use Permit for the fixture construction of
recreational lighting of the ball fields.
Applicant
City of San Juan Capistrano
c/o Sharon Heider, Project Manager
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Written Communications:
(1) Report dated October 18, 1994, from the Planning Director, recommending that all
proposals be approved, subject to conditions recommended by staff, the Parks,
Recreation and Equestrian Trail Commission; the Transportation Commission; the
Design Review Committee; and, the Planning Commission.
(2) Letter dated October 7, 1994, from Mr. and Mrs. Harry C. Schrey, 25881 Avenida
Cabrillo, in support of the project as proposed and expressing concern regarding the
potential for glare from the proposed recreational lighting.
Exhibits were on display, and Mechelle Lawrence, Assistant Planner/Project Manager, made
an oral presentation. She noted that conditions of approval had been modified to require
plans for parking stalls for the Community Center to be submitted prior to the issuance of a
Building Permit for the Community Center; and, to require a matte brown finish for the roof
of the restroom/concession building, as recommended by the Planning Commission.
Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and
the following persons responded:
City Council Minutes 8- 10/18/94
483
(1) Bill Sonka, on behalf of the Transportation Commission, noted that the Commission
' had recommended that the perpendicular parking along the main road through the
Sports Parks be deleted to keep the road free for pedestrians and bicycles. He noted
that the Planning Commission had discussed the idea of allowing bus parking instead
of perpendicular parking along the road, which he stated would be opposed by the
Transportation Commission since it would block views for motorists pulling out.
Ms. Lawrence indicated that the perpendicular parking along the main road had been
deleted from the currently proposed plans (Mitigation Measure No. 6(c)), and that no
parallel parking for buses was proposed.
(2) Jack Tarr, 27452 Calle Arroyo, on behalf of the AYSO, spoke in support of the
proposed plans and expressed appreciation to the City.
(3) Scott Schmidt, speaking on behalf of the YMCA, indicated the organization's interest
in establishing a YMCA site in the new Community Center and suggested that the
YMCA could conduct a fundraiser to accomplish this.
(4) Jim Stebbens, 31681 Avenida Evita, expressed concern regarding safety of children
on the proposed access road, and presented a letter suggesting ways to design the
park and school complex that would keep vehicle circulation on the perimeter of the
area.
There being no further input, the hearing was declared closed with the right to reopen at any
time.
Council Discussion:
Council Member Jones recommended that the lighting be brought back for Council review
as an Architectural Control item. Mayor Campbell suggested that the joint use of the
park/Marco Forster entry be re -addressed to determine whether there is a better solution.
Adoption of Resolution Approving the Mitigated Negative Declaration_
Capital Improvement Project 94-452, General Plan Amendment 94 -01 -
Rezone 94-01. and Conditional Use Permit 94-05 for the Kinoshita Farm Sports Park:
It was moved by Council Member Jones, seconded by Council Member Vasquez, that the
following Resolution be adopted, as amended by staff and with the additional condition
requiring the specific lighting design and plans to be brought back for Council review:
City Council Minutes -9- 10/18/94
RESOLUTION NO, 94-10-18-3. APPROVING MITIGATED NEGATIVE
DECLARATION GENERAL PLAN ANENDMENT 94-1 REZONE
94-1 CONDITIONAL USE PERMIT 94-5 AND CAPITAL
IMPROVEMENT PROJECT 94-456 (OPEN SPACE MASTER PLAN
SPORTS PARK AT KINOSHITA FARM SITE) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A MITIGATED NEGATIVE
DECLARATION; GENERAL PLAN AMENDMENT 94-1 AND REZONE
94-1, TO AMEND THE GENERAL PLAN TO COMPLY WITH THE
OPEN SPACE MASTER PLAN AND MODIFY THE ADOPTED
SPECIFIC PLAN 85-1; CONDITIONAL USE PERMIT 94-5 FOR DESIGN
OF SPORTS FIELD LIGHTING; AND, CAPITAL IMPROVEMENT
PROJECT 94452, FOR IMPROVEMENTS FOR THE SPORTS PARK AT
THE KINOSHITA FARM SITE
The motion carried by the following vote:
AYES: Council Members Jones, Vasquez, and Mayor Campbell
NOES: None
ABSENT: Council Members Hausdorfer and Nash
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Council Member Jones indicated he would abstain in this matter because of the proximity of his
business/residence to the subject property. Mr. Denhalter advised that because of Council Member
Jones' abstention, two votes were necessary to approve the proposed amendment.
Proposal:
Consideration of a request by Vaquero West Mercantile to amend their lease agreement with
the Community Redevelopment Agency to provide for a monthly rent based on a percentage
of gross sales with a fixed minimum rent, instead of on the current fixed lease payment
system. The current lease provides for a fixed rent of $4,665 per month. The proposed Lease
included a lease amount of $1,295 per month for the period of August 1, 1993 through
January 31, 1994; $1,295 per month for the period of February 1, 1994 through June 30,
1994; 6% of gross sales for the period of July 1, 1994 through January 31, 1995; and, 6% of
gross sales for the period of February 1, 1995 to April 6, 2002. The proposed lease
amendment also set a fixed minimum base rent of $2,000 monthly, to be adjusted by 5%
annually until April 6, 1996, at which time the fixed minimum rent would increase based on
the Agency's increased cost under the Master Ground Lease.
City Council Minutes
10- 10/18/94
485
Applicant:
' Tim Holsten
Vaquero West Mercantile
26755 Verdugo Street
San Juan Capistrano, CA 92675
Written Communication:
Report dated October 18, 1994, from the Director of Administrative Services, recommending
that the amended lease terms be approved as requested by the applicant and that the public
hearing be continued to the meeting of November 1, 1994, for formal adoption of Lease
Amendment 93. The report noted that permanent renovations totalling approximately
$400,000 had been completed by Vaquero West without assistance from the Agency.
Ms. Pendleton made an oral presentation. She noted that a provision for a resident manager
for the second -floor overnight accommodations would be added to the lease at this time.
Council Member Vasquez inquired about the percentage of reduction between the proposed
lease and the current lease. Ms. Pendleton indicated that there would be about a 50%
reduction in the lease under the existing terms, and about a 15-20% reduction in 1996. She
estimated that the lease payments would eventually increase to $3,000 per month. She noted
that the rate for the proposed lease would be $.67 per square foot, and that Vaquero West
is completely responsible for the maintenance of the facility.
Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and
the following persons responded:
(1) Carmen Etcheberria Dague, 31262 Calle San Juan, expressed concern regarding the
potential for the building being demolished if it were leased out and requested that she
be informed of any such plans.
Council Discussion:
Council Member Vasquez stated that the terms of the original agreement between Vaquero
West and the CRA stipulated that all revisions and modifications were to be at the sole cost
of the tenant. He felt the City/Agency was paying for the building modifications by changing
the terms of the lease and reducing the rent. He felt that the City/Agency should continue to
charge a straight rental payment and not request a percentage of the gross sales; therefore,
he would not approve the staff recommendation.
In response to Mayor Campbell, Mr. Denhalter recommended that because of Council
Member Jones' abstention and the apparent lack of votes needed to approve the lease
amendment, the heating be continued. He noted that Council Member Jones may participate
in the vote to continue the hearing.
City Council Minutes 11- 10/18/94
1FIR
Continuation of Public Hearing:
It was moved by Mayor Campbell, seconded by Council Member Jones, that the public
hearing be continued to the meeting of November 1, 1994. The motion carried with Council
Member Vasquez voting in opposition.
RECESS AND RECONVENE
Council recessed at 8:30 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 8:31 p.m.
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CITY MANAGER
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Written Communication:
Report dated October 18, 1994, from the City Manager, advising that Municipal Code
Section 5-3.02 prohibits drinking of alcoholic beverages in public, and forwarding a draft City
Council Policy outlining conditions under which exemptions could be granted. The Policy
includes a limit on the number of drinks that could be served to a customer at one time, a
restriction on the size of cups, and a time for termination of sales or service prior to the close
of the event.
Comments on Draft Policy and Referral to Parks. Recreation. and
Equestrian Trails Commission:
It was moved by Council Member Jones, seconded by Council Member Vasquez, and
unanimously carried that the draft City Council Policy be forwarded to the Parks, Recreation,
and Equestrian Trail Commission, with the additional provision that the City Council be
informed via the Consent Calendar of all public events receiving exemptions.
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Written Communication:
Report dated October 18, 1994, from the Director of Engineering and Building,
recommending that Request for Proposal process be initiated and the fifteen architectural
firms fisted in the Report approved for the design of the new Community City, and requesting
direction as to the level of involvement by the Council in the selection process.
City Council Minutes -12- 10/18/94
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Sharon Heider, Open Space Project Manager, indicated that the Requests for Proposal would
be mailed to the firms fisted in the Report this week, with a deadline of November 30, 1994.
Final selection would be tentatively scheduled for the January 17, 1995, Council meeting.
Mayor Campbell and Council Member Vasquez indicated their desire to participate in the
selection process. It was generally agreed that a Council ad hoc committee would not be
necessary in this case since Council Member Vasquez would not officially be a Council
Member by the time the interview process began.
Approval of the Request for Proposal. Initiation of Selection Process.
and List of Architectural Firms:
It was moved by Council Member Jones, seconded by Council Member Vasquez, and
unanimously carried that the Request for Proposal and list of architectural firms be approved
and the selection process initiated for the design of the new Community Center.
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Written Communications:
(1) Report dated October 18, 1994, from the Director of Engineering and Building,
recommending that requests for funding be approved from the Orange County
Combined Transportation Funding Program for the design and/or construction of
twelve different projects.
(2) Revised draft Resolution.
Adoption of Resolution Approving Requests for Funding from the Orange County
Combined Transportation Funding Prog[arn:
It was moved by Council Member Jones, seconded by Council Member Vasquez, that the
following Resolution be adopted:
RESOLUTION NO. 94-10-18-4 - APPROVING SUBMITTAL OF 12
FUNDING PROGRAM (MEASURE M) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE SUBMITTAL OF TWELVE
IMPROVEMENT PROJECTS TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE
COMBINED TRANSPORTATION FUNDING PROGRAM
The motion carried by the following vote:
City Council Minutes -13- 10/18/94
487
AYES: Council Members Jones, Vasquez, and Mayor Campbell
NOES: None
ABSENT: Council Members Hausdorfer and Nash
EAST OF • VIEJO ROAD. CAPITAL IMPROVEMENT
PROJECTNO. (670,40)
Mayor Campbell had announced earlier in the meeting that this item would be continued due to the
absence of two Council Members and the legal requirement for four affirmative votes to initiate
eminent domain proceedings.
Written Communication:
Report dated October 18, 1994, from the Director of Engineering and Building,
recommending that the draft Resolution be adopted initiating eminent domain proceedings
to obtain two easements from Mr. and Mrs. Melvin Rosenbaum, owners of property located
between Rosenbaum Road and Trabuco Creek, to complete a storm drain project prior to
winter rains.
Continuation of Item:
It was moved by Council Member Vasquez, seconded by Council Member Jones, and
unanimously carried that this item be continued to the meeting of November 1, 1994.
Written Communication:
Report dated October 18, 1994, from the City Clerk, advising that the Ordinance was
introduced at the meeting of October 4, 1994, and was scheduled for adoption.
Adoption of Ordinance:
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances
had been waived earlier in the meeting. It was moved by Council Member Jones, seconded
by Council Member Vasquez, that the following Ordinance be adopted:
City Council Minutes
14-
10/18/94
489
ORDINANCE NO, 753. AMENDMENT TO TITLE 4 OF THE
' MUNICIPAL CODE - REGULATION OF VENDORS - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING CHAPTER 7 OF TITLE 4, VENDOR REGULATIONS, OF
THE MUNICIPAL CODE RELATING TO STANDARDS AND
REGULATIONS ON THE CONDUCT OF VENDING IN THE CITY OF
SAN JUAN CAPISTRANO
The motion carried by the following vote:
AYES: Council Members Jones, Vasquez, and Mayor Campbell
NOES: None
ABSENT: Council Members Hausdorfer and Nash
OFF -AGENDA ITEM
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Finding for Consideration of Off -Agenda Item:
' It was moved by Council Member Jones, seconded by Council Member Vasquez, and
unanimously carried to find that this item was not available prior to publication of the Council
agenda and consideration was necessary at this time.
Written Communication:
Report dated October 18, 1994, from the City Manager, recommending that the request by
St. Margaret's of Scotland Episcopal School be approved to place a banner within the public
right-of-way at the intersection of Del Obispo Street and Camino Capistrano to advertise their
flea market on November 12, 1994.
Adoption of Resolution Approving Placement of Banner:
It was moved by Council Member Jones, seconded by Council Member Vasquez, that the
following Resolution be adopted:
94-10-18-5. AUTHORIZING PLA
MARKET FUND RAISER - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING PLACEMENT OF BANNERS WITHIN THE PUBLIC
RIGHT-OF-WAY FOR ST. MARGARET'S EPISCOPAL SCHOOL FLEA
MARKET FUND RAISER, SUBJECT TO THE PROVISIONS OF
I
SECTION 9-3.603(f)(15) OF THE CITY'S MUNICIPAL CODE
City Council Minutes -15- 10/18/94
MCI
The motion carried by the following vote:
AYES: Council Members Jones, Vasquez, and Mayor Campbell
NOES: None
ABSENT: Council Members Hausdorfer and Nash
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a. League of California Cities (140.20)
Council Member Jones noted that he would represent the City and vote at the
League's Annual Conference on October 23-25, 1994.
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None.
Council recessed to a Closed Session at 8:50 p.m. for:
License/Permit Determination per Government Code Section 54956.7, with one applicant;
2. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section
54956.9(b) for significant exposure to litigation in one case, and per Government Code
Section 54956.9(c), for the initiation of litigation in one case; and
3. Conference with Labor Negotiator per Government Code Section 54957.6, with George
Scarborough, representing Management and Classified Employees.
The City Clerk was excused therefrom, and the meeting reconvened at 9:20 p.m. Mr. Denhalter
advised there was no action to report on any of the items.
City Council Minutes
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10/18/94
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' There being no further business before the Council, the meeting was adjourned at 9:20 p.m. to the
next regular meeting date of Tuesday, November 1, 1994, at 7:00 p.m. in the City Council Chamber.
1
ATTEST:
i
qAMPBErL, MAYOR
Respectfully submitted
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City Council Minutes -17- 10/18/94
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